When filing an amended complaint, a plaintiff must file a redline as an attachment, so that all changes from the previous version of the complaint are readily apparent to the parties and Judge Alexakis.

This rule does not apply to litigants who are representing themselves (i.e., without the assistance of a lawyer).

For more on amended complaints, please review the Standing Order regarding “Motions to Dismiss,” under the heading “Motion Practice and Memoranda of Law.”

All substantive case-related communication with Judge Alexakis must be on the record. All other communications (e.g., procedural or logistical questions) should be directed to the Courtroom Deputy. The Courtroom Deputy prefers receiving emails rather than phone calls.

All parties must be copied on any case-related emails to the Courtroom Deputy.

Do not contact chambers for case-related communications unless specifically directed to do so by Judge Alexakis.

There is a presumption that the public will have access to all court filings.

Parties requesting entry of an order to preserve the confidentiality of materials disclosed in discovery must base the proposed order on the Model Confidentiality Order contained in the Local Rules (Form LR26.2), found here. The Model Confidentiality Order provides that parties should include or delete language in brackets as necessary to the specific case. Any other proposed changes to this model order must be shown in redlined format that reflects both deletions and additions to the model text. For proposed substantive changes, counsel and parties are encouraged to include comments explaining why the changes are sought.

Counsel shall file a motion for entry of the proposed confidentiality order and attach as exhibits both a redlined proposed order and a clean proposed order. Counsel shall separately email both exhibits to Proposed_Order_Alexakis@ilnd.uscourts.gov in Microsoft Word. The subject line of the email must include (1) the case name; (2) the case number; (3) the docket number of the corresponding motion; and (4) the title of the order that is proposed as indicated on the Notice of Electronic Filing. Counsel must serve a copy of a proposed order on all other parties by copying them on the email to Judge Alexakis’ Proposed Order inbox.

Judge Alexakis will not enter a proposed confidentiality order suggesting that material a party has designated as “confidential” may, for that reason alone, be filed under seal. Any confidentiality order that contemplates under-seal filings must provide that no documents may be filed under seal absent a separate motion showing good cause for sealing a portion of the record. A party’s mere designation of information as “confidential” is insufficient to permit filing under seal. Instead, a party seeking to file material under seal must set forth in its separate motion the reasons why the record should be sealed.

When a party wishes to file a document on the public docket that another party has marked confidential, the parties must meet and confer to determine which party is the appropriate party to file any motion to seal.

If Judge Alexakis permits a portion of a document to be filed under seal, the party filing the document also must file a redacted public-record version that includes the entire document except for the portions filed under seal.

The issuance of a protective order in light of this Standing Order will constitute Judge Alexakis’ determination, as required by Rule 26(c), that good cause existed for the issuance of a protective order.

Every case has an assigned Magistrate Judge, and in civil cases the parties may consent to have the assigned Magistrate Judge try the case. In many cases, consent to refer the entire case to the Magistrate Judge may offer significant efficiencies and greater certainty in scheduling the trial. All counsel in civil cases should inform their clients of this option and discuss it with opposing counsel. Judge Alexakis strongly encourages counsel to inform their clients of this option and to discuss it with opposing counsel.

Click here for the form consenting to exercise of jurisdiction by a Magistrate Judge.

Generally, Judge Alexakis does not accept courtesy copies. Do not prepare them, and do not try to deliver them.

If Judge Alexakis needs a courtesy copy, she will contact counsel to request one.

If Judge Alexakis requests courtesy copies, please deliver those copies to the mailbox outside the Courtroom Deputy’s office. Do not bring courtesy copies to chambers. A delivery signature will not be available. Courtesy copies need not be delivered in an envelope unless the pleading contains under-seal material.

If Judge Alexakis requests courtesy copies, those copies must be (1) printed from ECF after electronic filing so that the copies include the ECF header; (2) printed double-sided (on both sides of the paper); and (3) if 50 pages or more, spiral-bound on the side, or placed in a three-ring binder, with any exhibits tabbed.

Parties can and should resolve most discovery disputes without judicial intervention. Judge Alexakis will not consider any discovery-related dispute unless the movant has complied, in good faith, with the “meet and confer” requirement of Local Rule 37.2. This applies not only to motions to compel but also motions to quash discovery or motions for protective orders.

Any motion must state with specificity when and how the movant complied with Local Rule 37.2, such as through communications that took place in person, by video conference, or by phone. The exchange of emails or letters normally will not be sufficient to comply with Local Rule 37.2. If a party requests a meet-and-confer, the other party must respond promptly and participate in a meet-and-confer in a reasonable time.

If parties reach an impasse regarding the recovery of electronically stored information and/or the discovery of voluminous records from a database, server, computer, service provider or similar electronic storage facility, no discovery motion may be filed unless the parties first meet and confer to determine whether the requested material can be retrieved and, if so, the most effective way of doing so. This conference must take place in person, by videoconference, or by phone and must be attended by an IT representative of the party (or, for a putative class, an IT representative of plaintiffs’ counsel) that served the request, an IT representative of the facility to be searched, and an IT representative of the party that received the request. All participants should be prepared to discuss specifically the parameters of both the search and the facility.

All parties should be fully prepared to argue any discovery motion on the date it is presented. Judge Alexakis often will rule on discovery motions after hearing argument at the motion call and without additional briefing. If after hearing argument, Judge Alexakis believes that the motion requires briefing, she normally will set an expedited briefing schedule so that the matter can be resolved promptly.

Parties should promptly notify Judge Alexakis, via an email to the Courtroom Deputy, if they are withdrawing, or narrowing, any previously filed discovery motions.

Parties must issue discovery and respond to discovery as needed to meet the discovery deadlines, which means parties must plan ahead to avoid last-minute scrambles as deadlines approach. Any motion to extend time for the completion of discovery must be presented in writing (after conferral with the other side), be filed well in advance of the relevant discovery deadline, and demonstrate good cause for the extension.

Parties are reminded that there is no “order” in which discovery must occur. See Fed. R. Civ. P. 26(d)(3). One party’s failure or inability to respond to discovery will not excuse another party’s prompt compliance.

The pendency of a motion, such as a motion to dismiss, does not operate as a stay of discovery absent Judge Alexakis’ explicit order. A motion to stay discovery must explain why a stay is appropriate for the specific case.

Judge Alexakis sets a limit of 25 requests for admission, pursuant to Rules 26(b)(2) and 36 of the Federal Rules of Civil Procedure. Per “side” means parties represented by the same counsel. Any party may seek relief from this order by way of motion.

Objections to written discovery must state with specificity the grounds for objecting. See, e.g., Fed. R. Civ. P. 33(b)(4) (“The grounds for objecting to an interrogatory must be stated with specificity.”); Fed. R. Civ. P. 34(b)(2)(B) (“For each item or category, the response must state with specificity the grounds for objecting to the request, including the reasons.”). That is, the objecting party must offer a particularized reason tailored to each request. A generic assertion that a discovery request is, for example, “overbroad” or “unduly burdensome,” without accompanying detail, is inadequate. To sustain such an objection, Judge Alexakis almost certainly will need specific information from knowledgeable sources regarding the amount and nature of the effort required to comply with the request; the number of documents or amount of data likely to be generated by compliance; and the availability of alternative sources of information.

Newly Filed Cases

Judge Alexakis will set all newly filed cases for an initial status hearing approximately 60 days after the filing of the complaint. The initial status hearing will be the scheduling conference as required by Federal Rule of Civil Procedure Rule 16(b). See also Local Rule 16.1. The parties must meet and conduct a planning conference as required by Federal Rule of Civil Procedure 26(f).

The parties then must file a Joint Initial Status Report, not to exceed seven single-spaced pages, at least seven days before the initial status hearing. The Joint Initial Status Report shall follow the format in this link. The purpose of the initial status report is to inform Judge Alexakis of the main issues in the case so that she and the parties can have a productive discussion at the initial status conference regarding pretrial deadlines.

If the defendant(s) have not been served by the initial status date set by Judge Alexakis, counsel for plaintiff must contact the Courtroom Deputy to reschedule the status hearing and the date for filing the Joint Initial Status Report.

If plaintiff has moved for default, no status report is required.

Reassigned Cases

For all pending cases assigned to Judge Alexakis from the calendar of another judge: All previously set status and motion hearing dates are stricken, but all previously set discovery deadlines, joint status report deadlines, and briefing schedules remain intact.

Where the parties have been ordered to file a joint status report, that report should be in the form of the Initial Status Report for Reassigned Case, found here.

Judge Alexakis hears motions on Mondays, Tuesdays, and Thursdays at 9:30 a.m.

Motions must be accompanied by a notice of presentment specifying the date and time on which the motion will be presented in-person. If Judge Alexakis already has set a briefing schedule on an anticipated motion, then the movant need not notice the motion for presentment.

Motions must be filed no later than the third business day (excluding federal holidays and weekends) before the motion is to be presented. For example, absent a holiday, (1) a motion filed on a Monday may be noticed for the upcoming Thursday; and (2) a motion filed on a Thursday may be noticed for the following Tuesday.

The notice of motion must be filed separately on the docket for the hearing to appear on Judge Alexakis’ calendar. Do not attach the notice as an exhibit to the motion.

Please review Judge Alexakis’s main page for all dates on which she will be unavailable to hear motions.

Parties are expected to appear in person unless Judge Alexakis advises otherwise. Any request to appear by telephone must be made via email to the Courtroom Deputy no later than 24 hours before the motion hearing. Opposing counsel should be copied on this email.

Counsel should check the docket after 4 p.m. on the afternoon before the scheduled motion date to see if an appearance is necessary.

Counsel for a movant must ask opposing counsel whether there is an objection to the motion. If there is an objection, the movant must note that fact in the body of the motion. Joint, uncontested, and agreed motions should be so identified in both the title and the body of the motion. Many of those motions will be granted without appearance.

This meet and confer requirement does not apply to dispositive motions typically contested by the parties, including motions to dismiss and motions for summary judgment, or motions that are administrative in nature, such as motions to withdraw as counsel and pro hac vice motions. If in doubt, please confer with opposing counsel before filing a motion.

For opposed motions, the movant must confer with the opposing party before filing and, if the non-moving party intends to respond to the motion, the moving party should include an agreed proposed briefing schedule in the motion itself. (See below for additional details on “Briefing Schedules.”) If the non-moving party does not intend to respond to the motion, the motion should say so in lieu of proposing a briefing schedule.

All opposed motions must be accompanied by an agreed briefing schedule or, if need be, competing proposals for a briefing schedule. If the parties do not propose a briefing schedule, Judge Alexakis will set one, which may be more accelerated than the parties would prefer.

In a case of ordinary complexity, the briefing schedules should be approximately as follows:

• Motion to dismiss: three weeks to respond; two weeks to reply
• Motions related to preliminary injunctive relief: seven days to respond and/or reply (if allowed)
• Discovery motions: seven days to respond; replies usually not allowed
• Motion in limine and Daubert motion: usually set by Judge Alexakis
• Motion for summary judgment: motion due six weeks after the close of the relevant discovery period; four weeks to respond; two weeks to reply

Before filing a motion for summary judgment, parties must review Judge Alexakis’ standing order on “Summary Judgment,” which discusses her in-chambers conference practice.

Complex cases may require longer briefing schedules, and Judge Alexakis realizes that counsel have other demands on their time. As a result, within reason, Judge Alexakis usually will defer to parties’ proposed briefing schedules. However, parties must examine their calendars and consult with their opponents to ensure that briefing schedules they propose are realistic and account for the time needed to brief the motion, manage obligations in other cases, and attend to personal matters. Judge Alexakis is reluctant to grant significant extensions to accommodate conflicts that counsel could have foreseen.

Motions for extension of time shall indicate: (i) the reason for the request; (ii) the number of previous extensions; and (iii) whether any other party objects to the extension. Please do not contact chambers or the Courtroom Deputy to request an extension of time.

Discovery cutoff dates generally will not be reset except by written motion. See also Standing Order regarding “Discovery Continuances” under “Discovery” heading.

Trial dates are firm and will not be reset except in exceptional circumstances that were unforeseeable at the time the trial date was set.

When a motion to dismiss is filed, the nonmoving party has a right to amend its pleading once within 21 days. Fed. R. Civ. P. 15(a)(1)(B). Consistent with the purpose of the Federal Rules “to secure the just, speedy, and inexpensive determination of every action and proceeding,” Fed. R. Civ. P. 1, the nonmoving party is directed to review the motion to dismiss and to consider exercising, as appropriate, its right to amend under Rule 15(a)(1)(B). If the nonmoving party elects to amend its pleading in response to the motion to dismiss, then the moving party (unless otherwise ordered) must, within 21 days of the amended pleading, file either an answer or a renewed motion to dismiss.

If the nonmoving party elects not to amend but instead chooses to litigate the motion to dismiss, the nonmoving party (unless agreed or ordered otherwise) must file its response within 21 days of the filing of the motion, and the moving party must file its reply within 14 days of the filing of the response. In its response, the nonmoving party must address whether any deficiencies identified by the motion to dismiss are curable by amendment.

Following these steps, Judge Alexakis will take the motion under advisement and will rule in due course following any oral argument that she may in her discretion require. If the parties litigate the motion to dismiss and the moving party prevails, the nonmoving party is advised that Judge Alexakis may dismiss the case with prejudice under the appropriate _assets/_documents/_forms/_legal standards.

Motions to strike are strongly disfavored. See Custom Vehicles, Inc. v. Forest River, Inc., 464 F.3d 725, 727 (7th Cir. 2006) (Easterbrook, J., in chambers). For example, if a party believes that the other side’s brief contains inaccurate facts or that the other side’s Local Rule 56.1 statement (in summary-judgment briefing) contains an unsupported assertion, then the complaining party should so argue in the response or reply brief, or in the responsive Local Rule 56.1 statement. Motions to strike almost always would require Judge Alexakis to decide significant issues (and, indeed, the underlying motion) on the merits and would multiply the briefs (because the other side should be allowed to respond). Id. at 727. Only on very rare occasions is a motion to strike appropriate, such as when an entire brief or Local Rule 56.1 statement is defective. When it is appropriate, the motion must be made very promptly after the filing of the purportedly-offending brief or statement.

Motions to strike that are not within the limited boundaries established by Federal Rule of Civil Procedure 12(f) may be summarily denied.

Unless otherwise ordered by Judge Alexakis, briefs in support of or opposition to a motion should be no more than 15 pages, and reply briefs should be no more than 10 pages.

For dispositive motions, response and reply briefs are always permitted. For other types of motions, Judge Alexakis will set dates for response or reply briefs if necessary.

Parties may move for leave to file briefs that Judge Alexakis has not requested, but she typically will grant these motions only if there is an unforeseen point raised in an opposing brief.

Where counsel has access to both Westlaw and Lexis, Judge Alexakis prefers citations to Westlaw. It is not necessary to attach copies of unpublished opinions if they are available on Westlaw or Lexis. Please attach copies of any cited authorities that are unavailable on Westlaw or Lexis.

Briefs and other filings (such as Local Rule 56.1 statements of fact) should cite exhibits by the ECF docket number and page, not exhibit number.

Parties wishing to cite supplemental authority after briefing of a motion is closed must file a short motion seeking leave to do so. Any such motion shall be limited to the case title, its assigned number, the court, date of decision, the published citation or a slip copy, and a brief indication of the issue to which the movant believes the case pertains. No responsive comment is allowed unless requested by Judge Alexakis.

All electronically filed documents shall be made word searchable before being filed on ECF. For any filing of any kind (including exhibits in support of a motion or any Local Rule 56.1 Statement), counsel must run an OCR conversion on it before uploading it onto CM/ECF.

The parties otherwise should adhere to Local Rule 5.2 concerning font size, line spacing, and margins for filed documents. Footnotes are to be used sparingly and only when necessary.

On the morning of jury selection, the parties will be given a copy of the list of potential jurors that is generated by the Clerk’s Office in random order. The entire venire then will enter the courtroom in that order, which is also the order in which they will be seated, with the first 14 jurors seated in the jury box, and the remaining prospective jurors seated in the gallery. The venire will be sworn after introductory remarks by Judge Alexakis. The prospective jurors in the jury box then will answer the questions contained in the juror questionnaire and any additional questions governing the case. Questioning will be conducted by Judge Alexakis. Jurors will be given the opportunity to answer sensitive questions at sidebar if they wish.

Once all questions have been asked of the first 14 jurors, Judge Alexakis will consult with the parties at sidebar as to additional follow-up questions and will complete questioning of that group. The remaining jurors, after the first 14, will be questioned in the same manner. Depending on the size of the venire, subsequent groups of prospective jurors may be questioned from their seats in the gallery or may replace the first group of 14 in the jury box.

After the entire venire has been questioned, the prospective jurors will be excused from the courtroom. Challenges for cause will be resolved and then the parties will submit peremptory challenges in writing simultaneously. Each side will have three peremptory challenges, and multiple defendants or plaintiffs will be considered a single side for purposes of making challenges. If the parties challenge the same juror, both sides will be charged for that challenge. Once peremptory challenges have been submitted, Judge Alexakis will inform prospective jurors who will be seated and who will be excused without disclosing which jurors were challenged. Excluding those excused for cause or subject to peremptory challenges, prospective jurors will be seated in the order that they entered the courtroom.

By default, the jury will consist of eight jurors, but the parties may agree to or request a larger number, up to 12. There are no alternate jurors. All jurors seated will be allowed to deliberate. Because jurors are seated in the order that they enter the courtroom, after challenges for cause, only the first 14 (for an eight-person jury) remaining prospective jurors may be seated after peremptory challenges.

Judge Alexakis follows the Local Patent Rules for the Northern District of Illinois in all patent cases, unless otherwise ordered.

Local Patent Rules

Local Patent Rules Appendix A

Local Patent Rules Appendix B

Estimated Patent Case Schedule

Judge Alexakis’ final pretrial order guidelines differ from those in Local Rule 16.1. The parties shall follow the format and guidelines linked below and use the forms for exhibit lists, jury instructions, and deposition designations available on Judge Alexakis’ page (see below):

• Pretrial Order Requirements

Judge Alexakis will set case-specific deadlines, but generally, once a trial date has been set, the parties can expect that motions in limine will be due six weeks before trial; responses to motions in limine will be due four weeks before trial; the final pretrial order will be due four weeks before trial; and the final pretrial conference will take place two weeks before trial.

The parties should carefully review the pretrial order requirements in time to address any issues of exhibits and availability before submitting the pretrial order and before the final pretrial conference. This includes ensuring that witnesses are available or making arrangements for them to testify by other means. By default, all witnesses must appear to testify in person. Live video testimony is strongly disfavored and may be disallowed even if the parties favor it. Testimony by video or written deposition is acceptable by party agreement or for good cause, but these arrangements to take and prepare the deposition testimony must be made no later than in the final pretrial order. After that point, except in exceptional, unforeseen circumstances, Judge Alexakis is unlikely to grant an opposed request to accommodate an unavailable witness.

• Civil Jury Instructions Template
• Deposition Designations Template
• Joint Exhibit List Template

For many motions, a separate draft order is not needed. In cases in which a written order is needed, proposed orders should not be filed on the docket, even if the parties agree on the draft order. Instead, counsel must email proposed orders to Judge Alexakis’ Proposed Order Mailbox (Proposed_Order_Alexakis@ilnd.uscourts.gov). All other parties to the case must be copied on the email.

Some examples of situations where a written proposed order should be submitted are: protective orders; HIPAA confidentiality orders; temporary restraining orders; preliminary injunctions; orders of default that require the defaulting party to take specific action; orders preliminarily or finally approving class action or collective action settlements; etc. These should be submitted at the time the motion is filed.

Situations where a written order should not be submitted, unless specifically requested by Judge Alexakis, are: extensions of time; expansions of page limits; motions to compel or prevent discovery; adding or withdrawing appearances of counsel; etc.

When a draft order is submitted, it is to be attached to an e-mail sent to the following e-mail address: Proposed_Order_Alexakis@ilnd.uscourts.gov. The subject line of the e-mail must include (1) the case number and name, (2) the docket number of the corresponding motion; and (3) the title of the order that is proposed as indicated on the Notice of Electronic Filing. All such documents must be submitted in Microsoft Word format. Again, all other parties to the case must be copied on the email.

In the interest of efficiency, Judge Alexakis strongly encourages the parties to engage in a settlement conference with the assigned Magistrate Judge. At any time, the parties may request a referral by contacting the Courtroom Deputy.

Before submitting a proposed order of dismissal, counsel should review Seventh Circuit case law regarding the retention of federal jurisdiction to enforce the terms of a settlement agreement. In general, Seventh Circuit decisions hold that dismissals “with prejudice” leave the district court without jurisdiction to enforce a settlement agreement. Accordingly, in most cases, the parties would be well-advised to submit a proposed order that either (a) provides for dismissal with prejudice if the settlement terms have already been fulfilled (e.g., payment has been made), but make no reference to retention of jurisdiction; or (b) provides for the case to be “dismissed without prejudice with leave to reinstate on or before [date far enough in the future to fulfill all settlement terms]. Thereafter, the case shall be deemed, without further order of the Court, to be dismissed with prejudice.”

Please contact Judge Alexakis’ court reporter at least five business days before the start of any proceeding for which you anticipate needing daily or hourly transcript and/or a real-time feed or rough-draft transcript so that these services can be scheduled. A deposit may be required.

All other transcript requests should be placed using Judge Alexakis’ online transcript order form, which can be found here.

A typical trial day will begin around 9:30 a.m. and end around 4:30 p.m. with about an hour for a lunch break. Trial counsel must be present by 9 a.m. to discuss any preliminary matters. Judge Alexakis will provide as much advance notice as possible of any changes to this schedule.

Please be on time for each court session. Trial engagements take precedence over any other business. If you have matters in other courtrooms, arrange in advance to have them continued or have a colleague handle them for you.

Court time may not be used for marking exhibits. This must be done in advance of the trial.

Please stand whenever you address Judge Alexakis and when you question witnesses unless you are physically unable to do so. This includes the making of objections. Please speak into the microphone whenever speaking on the record. A portable microphone is available if counsel wishes to move away from the stationary microphones.

In your opening statement to the jury, do not argue the case. Confine yourself to a concise summary of the important facts.

If on direct examination you intend to question a witness about a group of documents, avoid delay by having all the documents available in a witness binder when you start the examination.

When you object in the presence of the jury, make your objection short and to the point. Do not argue the objection or with Judge Alexakis’ ruling in the presence of the jury. Such matters may be raised at the first recess and will not be waived by waiting until then.

Do not ask Judge Alexakis in the presence of the jury to declare that a witness is qualified as an expert or qualified to express an expert opinion.

To minimize the need for side bars, counsel should raise all anticipated issues before the trial day begins, during breaks, or at the close of the day when the jury is not in the courtroom. To the extent possible, any _assets/_documents/_forms/_legal matters or evidentiary issues that may arise during trial and have not been the subject of a motion in limine or pretrial motion should be called to Judge Alexakis’ attention and discussed between counsel as early as possible but no later than the night before the witness or exhibit is to be offered.

Counsel are in charge of their own exhibits. Large exhibits may be stored in the cloakroom overnight.

Cell phones must be turned off while court is in session.

After the conclusion of any civil or criminal trial, no party, agent or attorney is permitted to contact jurors without first receiving permission from Judge Alexakis. See also Standing Order on “Post-Trial Contact with Jurors.”